What VP Harris COULD say on Jan. 6
Political science fiction
The Vice President, as President of the Senate, brings the bicameral session to order. The Kamala Harris could say this:
We are gathered together, as we were four years ago, to certify a presidential election.
At that time, in 2021, we were swept away from our place of legislative work by a mob of our fellow citizens. Up to 2,500 entered our chambers, directed by the 45th president to disrupt the actions of Congress, resulting in an insurrection against his own government. That he did nothing to stop the violence for many hours, watching the melee and threats - some directed toward his own vice president - is unforgiveable.
The Colorado Supreme Court found last year that the ex-president engaged in or encouraged an insurrection against our nation.
The United States Supreme Court restored Donald Trump’s name on the Colorado ballot, ruling it was only the decision of Congress that determines the eligibility of a former insurrectionist.
That brings us to today. That brings us to now.
It is my duty to uphold the Constitution of the United States. I swore a solemn oath to that end.
And so I will not allow certification of the most recent presidential election, without a two-thirds waiver from Congress, as set out in the 14th Amendment, Section 3, barring former insurrectionists from holding office.
The Constitution is silent on whether an insurrectionist can announce a candidacy, then campaign and amass votes - even to the point of amassing the most votes.
However, the Constitution is very clear on whether an insurrectionist can be entrusted with any office in the United States. The answer is no.
The only exception is if you, members of Congress, allow a waiver with two-thirds of you voting in favor of the 45th president, a person found in a court of law (with all the benefits of presenting a defense) to have been an insurrectionist.
Therefore I must, and I emphasize the word “must,” disallow the eligibility of the Republican candidate. Your voting will begin in a few minutes and will conclude one hour after voting commences.
But before I send you on this very serious task, I would like to pose a hypothetical: what if, in 1868, three years after the end of the Civil War - what if Jefferson Davis ran for president? Would it be acceptable to give the Presidency to the leader of the Confederacy?
With that question in mind, I put it to you, members of the 119th Congress, to decide whether or not to override the 14th Amendment of the Constitution, Section 3.
I’ll conclude by speaking to each American, individually. Yes, I’m speaking with you.
How will your Congressional representative vote? For an insurrectionist?
How will your state’s two senators vote? For an insurrectionist?
The Constitution is clear. The Supreme Court confirmed it last year. My duty is undeniable.
Unless Donald J. Trump receives a supermajority vote of two-thirds of Congress, he many not hold the office of the president, or any office in the United States.
The clerk will begin to tally the votes. Voting concludes in one hour.
Vice President Harris could have said those words, but most likely didn’t. Let’s hope we have another chance to vote in the future.